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CLEMONS v. STATE RISK MANAGEMENT TRUST FUND

No. 1D03-2252.

870 So.2d 881 (2004)

Mark V. CLEMONS, Appellant, v. STATE RISK MANAGEMENT TRUST FUND and Florida Department of Insurance, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 28, 2004.

Attorney(s) appearing for the Case

David J. Finger of Levine & Finger, Miami, Attorney for Appellant.

Kelly Overstreet Johnson and Kelly A. O'Keefe of Broad & Cassel, Tallahassee, Attorneys for Amicus Curiae, for appellant.

Ben H. Wilkinson and Cynthia S. Tunnicliff of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, for appellees.

BROWNING, J.

After Appellant obtained a judgment against two officers from the Florida Game and Fresh Water Fish Commission in their individual capacities for violations of his federal civil rights under 42 U.S.C. section 1983, Appellant sought payment from Florida's State Risk Management Trust Fund. When the Fund refused to pay, Appellant filed suit against the Fund and Florida's Department of Insurance. The trial court granted the defendants' motion to dismiss on...

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